Transmission Pipeline Regulation and Franchising

This page provides an overview of transmission pipeline regulation and franchising in Washington State, including information on the roles played by federal, state, and local government agencies in regulating their operational safety, as well as examples of local pipeline land use ordinances, franchises, and model ordinances.

What are Transmission Pipelines?

Transmission pipelines are large diameter pipelines that transport large volumes of natural gas or hazardous liquids under high pressure. Distribution pipelines, on the other hand, are pipelines that are much smaller in diameter, operate at lower pressure, and carry natural gas to homes and small businesses in many communities.

Please note that this page deals with natural gas and hazardous liquid transmission pipelines, and not distribution pipelines.

Federal, State, and Local Government Roles

In Washington state, the Washington Utilities and Transportation Commission (WUTC), through certification by the Office of Pipeline Safety (OPS), is responsible for the regulation of intrastate pipelines and partners with federal regulators to ensure that federal regulations for interstate pipelines are followed. But federal and state pipeline regulations only deal with the design, construction, maintenance and operation of pipelines.

Below are the federal and state statutes and regulations regarding pipeline safety:

There are no federal or state regulations concerning what land uses are appropriate on lands in the vicinity of transmission pipelines. This is a matter of local government control.

Unfortunately, even after the 1999 Olympic pipeline explosion in Bellingham, many cities and counties still have not established land use development procedures and regulations that take into account the risks presented by transmission pipelines. As urban uses and development expand into areas where existing transmission pipelines are situated, or where new pipelines are being proposed, local government officials need to acknowledge, discuss and address the risks that transmission pipelines pose to our communities, as well as the risks that increased human activities pose to the integrity of these pipelines.

MRSC recommends that planners and local government officials educate themselves about pipeline safety concerns, learn about recommended practices (see PIPA reports below), assess the level of safety concern in their community, and then adopt reasonable local land use procedures and regulations concerning transmission pipelines to promote the health and safety of the community.

In addition to adopting local land use ordinances, local governments can also reduce pipeline risks by implementing public education, encouraging effective excavation damage prevention practices, and developing appropriate emergency response planning and preparedness. For further information on prevention, see PIPA hazard mitigation planning document below.

Where are Transmission Pipelines located?

The WUTC maintains pipeline maps which show the routes of hazardous liquid pipelines and high-pressure natural gas pipelines (>250 pounds per square inch) to meet the needs of first responders, local governments, and residents. The WUTC also offers free map atlases by county to interested fire department, emergency management agencies and local governments, by means of a public records request. Local governments may also obtain GIS shapefiles for pipelines within their jurisdiction from the OPS through the National Pipeline Mapping System.

Washington Model Pipeline Ordinances

Following the 1999 Olympic Pipeline disaster in Bellingham, the state legislature directed MRSC to draft model land use ordinances, and model franchise agreements. The model ordinances drafted are listed below. They are samples for local governments to use as reference and can be modified as needed. Some wording in the documents will need to be modified slightly if utilized by counties rather than cities.

MRSC Model Setback Ordinance for Transmission Pipelines (Rev. 2018) – Establishes setback requirements for new hazardous liquid and gas transmission pipelines to be at a minimum of 50 feet from general residential, commercial, and industrial buildings. For additional notes on the ordinance, see commentary section below.

Model Franchise Ordinances

The model franchise ordinances benefited from legal work done on this issue by representatives of the city attorney's office of the City of Bellingham, as well as input from the Washington City and County Pipeline Safety Consortium.

Commentary on the Model Setback Ordinance

Though the legislation called for depth requirements for transmission pipelines in the model setback ordinance, those standards are established by federal regulations and are beyond local government or state control. Regulations for the minimum cover for buried gas transmission lines can be found at 49 C.F.R. 192.327 and 49 C.F.R 195.248 for hazardous liquids. When writing the model ordinance, MRSC reviewed recommended setback standards and also setback regulations adopted previously by several local governments. There is no universally accepted standard for setback distances.

When first drafting the model setback ordinance, the authors originally considered setback as a safety buffer, to protect people in the event of a catastrophic rupture. Unfortunately, trying to establish setbacks that act as safety buffers is not easy, partly because the area at potential risk when there is a catastrophic rupture depends on the product in the pipeline (hazardous liquid or natural gas) and on the diameter and pressure of the pipeline. When a hazardous liquid transmission pipeline ruptures, it is the area downhill from the site of the rupture that is at primary risk, not areas uphill from the rupture. With natural gas transmission pipelines the topography is not as much of a factor, though intervening landforms and shielding from structures can significantly impact whether an individual at any given location is at risk.

It is by restricting building uses allowed in proximity to transmission pipelines that local governments can more effectively minimize injuries and property damage should there be a catastrophic rupture. Many Washington jurisdictions do not allow building uses that would be difficult to evacuate (hospitals, retirement centers, etc.) from being placed in close proximity to a transmission pipeline. Having buildings set back from pipeline easements also makes it less likely that third party damage will be caused during building construction, and less likely that activities adjoining the buildings will cause damage to the underground facilities.

Examples of Local Pipeline Ordinances

Local Land Use Ordinances

Benton County Code Sec. 9.08.030(h) and Sec. 9.08.033 – Establishes that preliminary plat applications of properties that are within 150 feet of a hazardous product transmission pipelines should include documentation that the owner/operator of the pipelines has been notified.

King County Code Sec. 21A.12.140 – Provides setbacks from regional utility corridors (establishes for 100-foot setback for any structure designed for human occupancy, and five feet for almost all other structures)

La Center Municipal Code Ch. 18.157 – Establishes a consultation zone 641 feet away from the centerline of a hazardous pipeline, describes land use activities prohibited, and provides other requirements for all existing and proposed land uses within the sensitive utility corridor overlay district.

Roy Municipal Code Ch. 11-39 – Establishes a Pipeline Consultation Zone for designated activities within 660 feet of a hazardous liquid or natural gas transmission line, and defines an application process for all development permits within the consultation zone.

Skagit County Code Sec. 14.16.835 - Requires consultation with pipeline operators for development within pipeline consultation areas. Consultation area established within 100 feet of any hazardous liquid or natural gas transmission pipeline.

Whatcom County Code Ch. 20.81 – Requires a development notice when development is adjacent to transmission pipelines and provides land use compatibility and other pipeline corridor protection requirements.

Franchise Agreements

Below are examples of franchise agreements for Hazardous Liquid Pipelines.

Bellevue Ordinance No. 6275 (2016) - Grants petroleum pipeline franchise to Olympic Pipe Line Company. In effect for 10 years. After expiration it may be extended on a year-to-year basis.

Bellingham Ordinance No. 2011-11-060 (2011) - Renews franchise grant to operate and maintain existing petroleum pipeline facilities by Olympic Pipe Line Company for a period of 10 years.

Newcastle Ordinance No. 2008-0388 (2018) - Grants franchise to Olympic Pipe Line Company. In effect for 10 years, after which it may be extended on a year-to-year basis. Orginal 2008 ordinance is preceded by 2018 extension of agreement.

SeaTac Ordinance No. 06-1002 (2006) - Grants franchise to Olympic Pipe Line Company. In effect for 10 years and, after that, it shall be extended on a year-to-year basis until a new franchise is executed.

Office of Pipeline Safety (OPS) - As part of PHMSA, this office implements a national program to ensure the safe, reliable, and environmentally-sound operation of the nation’s natural gas and hazardous liquid pipeline transportation system.

Federal Energy Regulatory Commission (FERC) - FERC itself has no jurisdiction over pipeline safety or security, but actively works with other agencies on safety and security responsibilities. It is also responsible for the review of applications to build new interstate natural gas pipelines.

Washington Utilities Coordinating Council (WUCC) - The purpose of this statewide organization of utilities, governmental agencies, contractors, excavators, and other interested organizations and individuals is to cooperate to reduce damages to subsurface structures as well as above ground facilities, and achieve the orderly planning and installation of underground facilities.

Recommended Resources

Local Government Resources

Pipeline Safety Trust - The Pipeline Safety Trust in Bellingham is an oversight organization created by Bellingham residents to ensure safer pipelines nationwide. It is funded by an endowment from the criminal fines imposed after the Bellingham pipeline disaster that occurred in 1999. The Trust promotes pipeline safety through education and advocacy, by increasing access to information, and by building partnerships with residents, safety advocates, government, and industry, that result in safer communities and a healthier environment. Their publication, Local Government Guide to Pipelines (2014), is especially useful.

State and Federal Government Resources

Utility Notification Center - Washington - Center accepts calls from contractors, homeowners, or anyone planning to dig. Locate requests are accepted over the phone, through a fax-a-locate program, or through the ITIC program.